Law:

Section:

Punjab Police (Efficiency and Discipline) Rules, 1975------Rr. 7, 8 & 12---Punjab Service Tribunals Act (IX of 1974), S.4--­Misconduct--- Compulsory retirement---Civil servant was dismissed from service on charge of misconduct, but in Departmental appeal punishment of dismissal was converted into forfeiture of two years approved service--­Authority, after about a period of one year and five months in exercise of its revisional jurisdiction, after issuing show-cause notice to civil servant; but without holding enquiry and without providing reasonable opportunity to civil servant to defend himself set aside order of Appellate Authority and awarded punishment of compulsory retirement from service with immediate effect---Powers of revision conferred on the Authority under R.12 of Punjab Police (Efficiency and Discipline) Rules, 1975 were to be exercised judiciously, indiscriminately and in fair manner and within a reasonable time and not after lapse of considerable long time of about one year and five months---Regular enquiry through an Enquiry Officer was sine qua non for imposition of, major penalty which could not be lost sight of by Competent Authority even while exercising revisional power---Mere service of show cause notice in absence of regular enquiry would not serve the ends of justice---When the very basis was illegal, superstructure raised thereupon, was bound to crumble down---Colourable revisional exercise with inordinate delay, in absence of enquiry having prejudiced the civil servant, order passed against him was set aside and he was ordered to be reinstated. Abdus Sattar v. S. P., Faisalabad 1984 PLC 639; 1995 SCMR 11; PLD 1986 SC 162; Ghulam Dastgir v. I.-G., Prisons 1985 PLC 639; D.l.-G. of Police, Lahore and others . Anis-ur-Rehman Khan PLD 1985 SC 134 and 1993 SCMR 603 ref. Rana Zulqamain for Appellant. Barkhurdar Warraich, Inspector Legal/DR alongwith Deputy District Attorney for Respondents. Date of hearing: 15th November; 2000. JUDGMENT This is an appeal under section 4 of the Punjab Service Tribunals Act, 1974 against orders dated 15-8-1998 and 12-7-1999 passed by Additional Inspector-General of Police and Inspector-General of Police,…

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